Board of Education of the Garrison Union Free School Dis
Motion No: 2008-06451
Slip Opinion No: 2010 NY Slip Op 87733(U)
Decided on November 12, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110875

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2008-06451, 2009-03962

Board of Education of the Garrison Union

Free School District, respondent, v Greek

Archdiocese Institute of St. Basil, also

known as St. Basil Academy, appellant,

et al., defendants.

(Index No. 231/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated July 20, 2010, which affirmed two orders of the Supreme Court, Putnam County, both dated June 11, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated July 20, 2010, properly made?

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court